Possession of marihuana products.

2018
STATE OF WYOMING
18LSO-0031
Numbered
1.2

HOUSE BILL

NO.
HB0016

Possession of marihuana products.

Sponsored by:
Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to controlled substances; providing penalties for possession of marihuana and marihuana products in specified amounts; creating offenses for possession of marihuana products as specified; amending a provision related to the determination of weight of controlled substances; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 35
‑
7
‑
1031(c)(i)(B) through (D)
,
by creating a new subpar
agraph (G), (iii), by creating
new paragraph
s
(vi)

and
(vii)
and (d)

is amended to read:

35
‑
7
‑
1031
.

Unlawful manufacture or delivery; counterfeit substance; unlawful possession.

(c)

It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this act. With the exception of dronabinol as listed in W.S. 35
‑
7
‑
1018(h), and notwithstanding any other provision of this act, no practitioner shall dispense or prescribe marihuana, tetrahydrocannabinol, or synthetic equivalents of marihuana or tetrahydrocannabinol and no prescription or practitioner's order for marihuana, tetrahydrocannabinol, or synthetic equivalents of marihuana or tetrahydrocannabinol shall be valid. Any person who violates this subsection:

(i)

And has in his possession a controlled substance in the amount set forth in this paragraph is guilty of a misdemeanor punishable by imprisonment for not
more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both. Any person convicted for a third or subsequent offense under this paragraph, including convictions for violations of similar laws in other jurisdictions, shall be imprisoned for a term not more than five (5) years, fined not more than five thousand dollars ($5,000.00), or both. For purposes of this paragraph, the amounts of a controlled substance are as follows:

(B)

For a controlled substance in liquid form
other than a marihuana product as defined in
paragraph (vii)
of this subsection
, no more than three
‑
tenths (3/10) of a gram;

(C)

For a controlled substance in powder or crystalline form
other than a m
arihuana product as defined in paragraph (vii)
of this subsection
, no more than three (3) grams;

(D)

For a controlled substance in pill or capsule form
other than a marihuana product as defined in
paragraph (vii)
of this subsection
, no more than three (3) grams;

(G)

Except as otherwise provided in this subsection, for a controlled substance containing marihuana or tetrahydrocannabinols that is not a marihuana product as defined in paragraph (v
ii
) of this subsection and that is in a form other than a form specified in this paragraph, no more than three (3) grams.

(iii)

And has in his possession any other controlled substance classified in Schedule I, II or III in an amount greater than set forth in paragraph (c)(i)
or (vi)
of this section, is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both;

(vi)

And has in his possession marihuana product in an amount no
more than
three (3
) ounces, is guilty
as
follow
s
:

(A)

Of a misdemeanor punishable by imprisonment for not more than twenty (20) days, a fine of not more than two hundred dollars ($200.00), or both;

(B)

Upon violation of this paragraph within ten (10) years after any previous conviction under this section
or under any substantially similar law of another jurisdiction
, of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both;

(C)

Upon violation of this paragraph within ten (10) years after two (2) previous convictions under this section
or under any substantially similar law of another jurisdiction
, of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than five thousand dollars ($5,000.00), or both;

(D)

Upon violation of this paragraph within ten (10) years after three (3) or more previous convictions under this section or under
any substantially
similar law
of another jurisdiction
, of a felony punishable by
imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both
.

(
vii
)

As used in this subsection, "marihuana product" means a preparation, compound, mixture or substance not in plant form which contains marihuana or tetrahydrocannabinol

intended for consumption, other than by smoking,
including
baked goods, candies, edibles, ointments, potable liquids, tinctures or any other similar form containing marihuana or tetrahydrocannabinol
.
"Marihuana product" does not include a substance obtained by separating cannabinoids from marihuana that has not been prepared into baked goods, candies, edibles, ointments, potable liquids, tinctures or any other similar form.

(d)

For purposes of determining the weights to be given the controlled substances under this section, the weights designated in this section shall include the weight of the controlled substance and the weight of any carrier element, cutting agent, diluting agent or any other substance excluding packaging material
or container
.

Section 2
.

This act is effective July 1, 201
8
.

(END)

1
HB0016